CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) denied the County of Nevada Sheriff's Department's petition for reconsideration of a Findings and Award. The WCAB adopted the administrative law judge's report, finding the petition lacked merit and noting the defendant's procedural missteps. Specifically, the defendant improperly referenced an unadmitted document and sought removal when reconsideration was the correct procedural avenue for a final order. The Board affirmed the applicant's entitlement to shift differential as part of his Labor Code 4850 benefits, aligning with case law that prevents employers from altering an employee's status to avoid such payments.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) denied the County of Nevada Sheriff's Department's petition for reconsideration of a Findings and Award. The WCAB adopted the administrative law judge's report, finding the petition lacked merit and noting the defendant's procedural missteps. Specifically, the defendant improperly referenced an unadmitted document and sought removal when reconsideration was the correct procedural avenue for a final order. The Board affirmed the applicant's entitlement to shift differential as part of his Labor Code 4850 benefits, aligning with case law that prevents employers from altering an employee's status to avoid such payments.
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